Universal Music Australia and Modular Recordings have come out swinging against claims they are defendants in a lawsuit brought before a New York court by music publishing giant BMG over allegedly missing Tame Impala royalties.

As Tone Deaf reported this morning, a report in The Australian claimed Modular founder Steve “Pav” Pavlovic, along with Modular and its co-owner, Universal Music, have been named in BMG’s suit over missing royalties totalling US$450,000 (AUD$588,150).

However, as The Music reports, Universal Music Australia and Modular say that BMG’s agreement was with an organisation owned and operated by Pavlovic, “a totally separate US-registered company” not affiliated with Universal or the Modular label.

The Music also reports that Pavlovic is embroiled in a separate batch of proceedings against UMA and Modular in Australia, including an ongoing trademark battle having been pitched over the past several months and a freshly scheduled case for the Supreme Court of New South Wales this week.

The latter case will be heard this Friday and overseen by Justice J Sackar. The case lists Universal Music Australia as the plaintiff and Pavlovic, Angela Margaret Pavlovic, and Pavlovic Investments Pty Ltd as the defendants.

Pavlovic has also been involved in a trademark battle with Modular and UMA since at least January over the Modular name. Pavlovic last lodged the trademark in April 2014, before it was accepted in September. The IPAustralia database lists that trademark as “opposed” by UMA and Modular.

In a statement issued by UMA this afternoon, the label clarified that neither they nor Modular have been served documents related to BMG’s suit and expressed disappointment that neither UMA nor Modular had been approached by BMG before they filed their case.

“Had they been contacted, BMG would have realised the companies should not have been named in the legal claim,” the statement reads. Additionally, the two companies “totally reject the claim made by BMG that they are in any way liable for unpaid mechanical royalties relating to the band Tame Impala”.

“Universal Music Australia and Modular Recordings were not involved in contracting with BMG over mechanicals for sales of Tame Impala recordings in the United States,” UMA’s statement continued.

“A totally separate US registered company — owned and operated by Mr Pavlovic — is responsible for contracting with BMG and for any mechanicals liability. Mr Pavlovic, who is no longer employed by Modular Recordings, has confirmed that this matter has nothing to do with Universal Music Australia or Modular Recordings in Australia.”

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